by John Marshall Harlan

“ It is contended that since the passage of the act of March 3, 1887 (24 Stat. 505, c. 359) , entitled 'An act to provide for the bringing of suits against the United States,' known as the 'Tucker Act,' the limitation of six years is applicable to all claims against the United States cognizable by any court, under whatever disability the claimant may have labored. ”

“ Consequently, that the claim of a person who was beyond the seas at the time the claim accrued is not barred until three years shall have expired after such disability is removed without suit against the government. Although the act of 1887 prescribes the limitation for suits 'under this [that] act,' without making any exception in favor of persons under disability, it should be interpreted as if the proviso in section 1069 of the Revised Statutes were added to section 1 of that act. ”

“ But repeals by implication are not favored, and when two statutes cover in whole or in part the same matter, and are not absolutely irreconcilable, effect should be given, if possible, to both of them. ”